Hedge refers to Section 39 of Act, which prohibits denial of admission on grounds of religion/caste etc, wounding of religious feeling etc.
Hegde referring to Sections of the Karnataka Education Act.
Justice Gupta : Mr.Hegde, then let others take up on the issue of fundamental rights.
Hegde : Let me place the provisions of the Act straightway.
Hegde : Executive power of the State must yield to the specific statute.
Justice Gupta : If there is no such power to prescribe uniform, can girls come in middies, minis, skirts, whatever they want?
Hegde : The question is the State has power to prescribe the uniform as per the Act.
Justice Gupta : If there is no specific power, Article 161 will come in.
Justice Gupta : Okay we take it that access to education will be denied if hijab is not allowed.
Hegde : When Fatima Shaikh and Savitri Phule started girls education in Pune, they faced opposition.
Hegde : When education for women was started by Ishwar Chandra Vidyasagar, there was opposition and the girls had to be taken to schools covered with slogans written girls have right to education.
Hegde : In our case, 6 students, one girl lost a year and joined a private college were it is allowed. Others, don't have access to formal education.